FILNER’S PENSION CUT REMAINS A MYSTERY

Questions surround law about plea deals

San Diego 
Former Mayor Bob Filner agreed to give up some portion of his city pension as part of his plea agreement on Tuesday, but it’s not clear how much.

When Filner resigned in August amid allegations of sexual harassment, his city pension was estimated at $19,000 a year.

As part of his plea deal, he agreed to forfeit any part of that amount that was accrued after the date of his felony offense — March 6.

City pension officials say Filner has not begun receiving a pension, and the amount he would collect — with or without the plea deal — has not been released.

Further, they said on Tuesday, it’s not clear that the provision of law cited in the plea agreement applies to San Diego. The plea deal cited the Public Employees’ Pension Reform Act of 2013, which applies to cities with general governing provisions set by the state but not to cities like San Diego with their own charter, they said.

“PEPRA does not apply to charter cities with their own retirement systems, like the city of San Diego,” said Christina Di Leva, spokeswoman for the San Diego City Employees’ Retirement System. “SDCERS is evaluating whether former Mayor Filner’s guilty plea today has an impact on his city pension, and if so, whether Filner will lose part or all of his city pension.”

Another provision of law that might be expected to affect Filner’s pension is Proposition B, passed by voters last year. The pension reform measure was sold to voters as including a provision taking away traditional pension benefits for city employees convicted of felonies.

However, several caveats limit the scope of that provision. According to interim Mayor Todd Gloria’s office, Filner’s service on the City Council from 1987 to 1992 grandfathers him in. That is, the pension forfeiture rules do not apply to him.

City Attorney Jan Goldsmith’s office agreed.

“Under several California Supreme Court decisions, the forfeiture provision would not apply to employees already in the pension system before the provision was adopted,” said Goldsmith spokeswoman Gina Coburn. “We understand that Mr. Filner was already in the pension system due to his prior city service.”

One of the leading proponents of the ballot measure said on Tuesday that it should nevertheless apply.

“Prop. B was intended to cover situations like this, when there’s a felony action that their pensions should be removed,” said Felipe Monroig, whose San Diego County Taxpayers Association pushed for the reform.

Filner also remains eligible for public pensions he earned previously.

He draws $14,700 in annual income from his stint at San Diego State University from 1970 to 1992. Also, he was eligible to join the Congressional pension system. Congress does not make the amount of individual benefits public. Filner’s benefit would be $58,900, according to a calculation made by U-T Watchdog this year.